Supreme Court Directs Delhi Govt To Frame SOP To Enforce Free EWS Treatment In Delhi Private Hospitals
Yash Mittal
20 May 2026 3:02 PM IST
The Court noted that only 4 out of the 51 hospitals, to whom contempt notices were earlier issued, were complying with the conditions.
The Supreme Court has directed the convening of a high-level meeting involving government authorities, land-owning agencies, and private hospitals to frame a Standard Operating Procedure (SOP) for effective implementation of its 2018 judgment, which directed free treatment for economically weaker section (EWS) patients in Delhi's private hospitals built on concessional government land.
A bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria noted that despite the earlier orders, several hospitals had failed to file compliance affidavits and were found violating the condition to provide 10% IPD Inpatient Department, where a patient is admitted in a hospital for 24 hours or more) and 25% OPD treatment free of cost to patients from weaker sections.
It may be noted that the Court had earlier appointed senior advocate Sanjay Jain and advocate Ninad Laud as amici curiae to compile a report on the status of compliance. The amici submitted a report on May 10, 2026, along with geo-representations of 51 noticee hospitals, which were issued contempt notice over found in violation of the Court's 2018 judgment to provide free treatment to EWS people, on the base map of Delhi with adjoining jhuggi jhopdi bastis recorded with the Delhi Urban Shelter Improvement Board and DDA authorized colonies.
Amongst the 51 hospitals found violating the court's judgment, except six, i.e., Max Super Speciality Hospital, Primus Super Speciality Hospital, Venkateshwar Hospital, Vimhans Hospital, and Moolchand Hospital, all filed the compliance affidavit.
"Consequent to our orders dated 24.02.2026 and 22.04.2026, compliance affidavits have been filed by all, except six hospitals," the Court said.
Amongst 51 hospitals, only four hospitals, i.e., Amar Jyoti Hospital, Bhagwati Hospital, Venu Eye Institute, and Jivodaya Hospital, were found to be compliant with the court's judgment.
Taking note of the Amici report, the Court observed that coordinated institutional action is necessary to ensure effective implementation of the free-treatment mandate and directed that a joint meeting be held involving multiple authorities and stakeholders
The Court directed Dr. Kusum Arora, Superintendent, Nursing Home and EWS In-charge, GNCTD, to convene the meeting on May 23, 2026, at 4 PM at the Delhi Secretariat in consultation with the amici. The meeting will include the following:
“a. The amici, Shri Sanjay Jain, Senior Advocate and Shri Ninad Laud, Advocate.
b. Dr. Kusum Arora, Superintendent Nursing Home and EWS (Economically Weaker Section) In-charge, GNCTD.
c. Noticee hospitals through their medical superintendent/authorised officers.
d. Secretary of the Department of Health & Family Welfare (MoHFW), GNCTD.
e. Director, Land and Development Office, Government of India.
f. Senior Officers from the land owning agencies.
g. Deputy Commissioner level officer from Municipal Corporation of Delhi, New Delhi Municipal Council and Delhi Cantonment Board.
h. Director level officer from Delhi Development Authority.
i. Joint Secretary, Ministry of Health, Central Government.
Cause Title: UNION OF INDIA VERSUS MOOLCHAND KHAIRATI RAM TRUST
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